Old 07-09-13, 11:51 AM
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dougmc
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Don't forget the case of the guy who got a DWI while *walking* his bicycle *in his front yard* in Ohio.

Texas DWI law explicitly says that it only applies to motor vehicles --

Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.

... which is reasonable enough, but but then veers into la-la land --

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Sec. 49.01. DEFINITIONS. In this chapter:
...
(3) "Motor vehicle" has the meaning assigned by Section 32.34(a).

Sec. 32.34. FRAUDULENT TRANSFER OF A MOTOR VEHICLE. (a) In this section: (2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks.

... so for DWI purposes, a bicycle is a motor vehicle and you can get a DWI while riding a bicycle. (The two cowboys arrested for DWI while riding a horse had the charges reduced, as a horse was deemed not to be a device.)

That said, the police usually just give drunken cyclists a public intoxication charge rather than a DWI, at least in Austin. So there's that.
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